Victims of misleading or defamatory content can seek legal remedies under new bill

The Advertising Law bill under review in the Legislative Assembly (AL) allows victims of misleading or defamatory content to seek legal remedies, though sharing personal experiences by influencers may not qualify as advertising in the legal sense.

The bill is currently under review in the Second Standing Committee, proposing regulatory measures for influencers and key opinion leaders (KOLs).

It stipulates that explicit advertising activities, such as formal contracts with businesses to promote products, will be governed by this legislation.

However, KOLs sharing personal experiences are generally not considered advertising and therefore fall outside the law’s scope.

It was clarified that even personal sharing not covered by the Advertising Law may still be subject to legal recourse if the content contains misleading, false, excessively exaggerated, or defamatory statements that harm consumers or businesses.

Victims can pursue legal avenues to hold responsible parties accountable, provided that the sale, transaction, and delivery of goods promoted through regulated online advertisements have a direct connection to Macau, with the advertiser’s business premises, domicile, contact address, and telephone number all located in the region.

According to the bill, regulations governing minors as advertising targets explicitly prohibit advertisements that could harm their physical and mental health, and strictly forbid using such ads to induce minors to pressure their parents into purchasing related products.

The bill also introduces new responsibilities for online advertising, requiring internet and telecommunications operators to cease and suspend the publication of any false or illegal advertisements upon discovery, as well as report them promptly.

Meanwhile, the bill stipulates that only entities legally authorized to operate gambling businesses may advertise at their venues and on their official websites, as well as promote conferences and exhibitions related to gambling equipment.

Exemptions are made for entities such as the Chinese lottery company Sociedade de Lotarias Wing Hing Limitada and Macau Slot Co. Ltd.